Family Violence in the Family Law Act and the Divorce Act: Difference between revisions
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Family Violence in the Family Law Act and the Divorce Act (view source)
Revision as of 17:39, 3 July 2019
, 3 July 2019→Definition of family violence
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* In [http://canlii.ca/t/hwqqr ''S.A.H. v. J.J.G.V.''], 2018 BCSC 2278, the court found that a father consistently arguing that the mother's and the children's actions were contrary to scripture and sinful amounted to spiritual abuse and fits into the broad definition of family violence in the ''Family Law Act''. | * In [http://canlii.ca/t/hwqqr ''S.A.H. v. J.J.G.V.''], 2018 BCSC 2278, the court found that a father consistently arguing that the mother's and the children's actions were contrary to scripture and sinful amounted to spiritual abuse and fits into the broad definition of family violence in the ''Family Law Act''. | ||
* In [http://canlii.ca/t/hvw3v N.M.A v. K.D.L.], 2018 BCSC 1879, the court found that derogatory and abusive language in the father's emails to the mother was beyond mere bickering and unpleasantness and this kind of language, especially when it occurs over an extended period of time, can amount to emotional abuse and be family violence. | * In [http://canlii.ca/t/hvw3v ''N.M.A v. K.D.L.''], 2018 BCSC 1879, the court found that derogatory and abusive language in the father's emails to the mother was beyond mere bickering and unpleasantness and that this kind of language, especially when it occurs over an extended period of time, can amount to emotional abuse and be family violence. | ||
* In [http://canlii.ca/t/hxcc8 S.A.W. v. P.J.W.], 2018 BCPC 376, the court found that | * In [http://canlii.ca/t/hxcc8 ''S.A.W. v. P.J.W.''], 2018 BCPC 376, the court found that belittling, demeaning, and insulting that rises to a certain level where one parent targets the other repeatedly in front of others can fit into the definition, although it would likely be at the lower end of the scale. | ||
* In ''[http://canlii.ca/t/gx9s1 K.R. v. J.D.]'', 2017 BCSC 182, a parent's derogatory and demeaning comments about the other parent, on occasion in the child’s presence, “clearly amount to family violence” since they disturbed the child and caused the child emotional harm. | * In ''[http://canlii.ca/t/gx9s1 K.R. v. J.D.]'', 2017 BCSC 182, a parent's derogatory and demeaning comments about the other parent, on occasion and in the child’s presence, “clearly amount to family violence” since they disturbed the child and caused the child emotional harm. | ||
* In ''[http://canlii.ca/t/fxjb5 B. (M.W.) v. B. (A.R.)]'', 2013 BCSC 885, a mother was found to have committed family violence for repeatedly interfering with the father’s access to the children and refusing to settle orders that were drafted by lawyers and these actions prolonged and intensified the litigation. | * In ''[http://canlii.ca/t/fxjb5 B. (M.W.) v. B. (A.R.)]'', 2013 BCSC 885, a mother was found to have committed family violence for repeatedly interfering with the father’s access to the children and refusing to settle orders that were drafted by lawyers, and these actions prolonged and intensified the litigation. | ||
* In ''[http://canlii.ca/t/gdt2h Hokhold v. Gerbrandt]'', 2014 BCSC 1875, the court determined that the father's emotionally abusive conduct which included sending excessive demanding emails, failing to pay support, and threatening to close his dental practice, constituted family violence. | * In ''[http://canlii.ca/t/gdt2h Hokhold v. Gerbrandt]'', 2014 BCSC 1875, the court determined that the father's emotionally abusive conduct, which included sending excessive demanding emails, failing to pay support, and threatening to close his dental practice, constituted family violence. | ||
* In ''[http://canlii.ca/t/gh679 R. (C.) v. (M.A.)]'', 2015 BCPC 76 the court found that a father’s threats to use his stronger financial position to fight the mother “[until] she lives in a box” constituted family violence. | * In ''[http://canlii.ca/t/gh679 R. (C.) v. (M.A.)]'', 2015 BCPC 76, the court found that a father’s threats to use his stronger financial position to fight the mother “[until] she lives in a box” constituted family violence. | ||
* In ''[http://canlii.ca/t/g7233 R. (L.A.) v. R. (E.J.)]'', 2014 BCSC 966, the court found that disparaging remarks made to the children about their mother, as well as disparaging comments made to the mother in the children’s presence, constituted emotional abuse. | * In ''[http://canlii.ca/t/g7233 R. (L.A.) v. R. (E.J.)]'', 2014 BCSC 966, the court found that disparaging remarks made to the children about their mother, as well as disparaging comments made to the mother in the children’s presence, constituted emotional abuse. | ||
* ''[http://canlii.ca/t/glx9n F.(C.) v. V. (D)]'', 2015 BCPC 309, the court found that there had been family violence as the father broke the mother’s cellphone and a picture on the wall, then kicked a hole in the bathroom door. | * ''[http://canlii.ca/t/glx9n F.(C.) v. V. (D)]'', 2015 BCPC 309, the court found that there had been family violence as the father broke the mother’s cellphone and a picture on the wall, then kicked a hole in the bathroom door. | ||
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* In ''[http://canlii.ca/t/g2zjp S. (L.) v. S. (G).]'', 2014 BCSC 187, the father wanted the court to declare that the mother’s denial of parenting time constituted family violence. The court refused. The court noted that the father failed to provide any evidence of harm to the children. | * In ''[http://canlii.ca/t/g2zjp S. (L.) v. S. (G).]'', 2014 BCSC 187, the father wanted the court to declare that the mother’s denial of parenting time constituted family violence. The court refused. The court noted that the father failed to provide any evidence of harm to the children. | ||
* In ''[http://canlii.ca/t/g1rsc E. (J.R.) v. 07----8 B.C. Ltd.]'', 2013 BCSC 2038 the court held that taking an insistent and even inflexible position in post-separation negotiations did not in that case equate to emotional or psychological abuse. | * In ''[http://canlii.ca/t/g1rsc E. (J.R.) v. 07----8 B.C. Ltd.]'', 2013 BCSC 2038, the court held that taking an insistent and even inflexible position in post-separation negotiations did not in that case equate to emotional or psychological abuse. | ||
It should finally be cautioned that the courts take a dim view of family violence claims that have other motivations. In ''[http://canlii.ca/t/g2zjp L.S. v. G.S.]'', 2014 BCSC 187, the court said: | It should finally be cautioned that the courts take a dim view of family violence claims that have other motivations. In ''[http://canlii.ca/t/g2zjp L.S. v. G.S.]'', 2014 BCSC 187, the court said: | ||